Case pressed against Berkeley landlord

Matthew Yi, OF THE EXAMINER STAFF

Published 4:00 am, Thursday, March 16, 2000

OAKLAND - The information in a federal indictment against a Berkeley landlord facing charges of illegally bringing immigrants from India to the Bay Area is enough for the trial to move ahead, according to court papers filed by prosecutors.

Defendant Lakireddy Bali Reddy and his son, Vijay Kumar Lakireddy, face a nine-count indictment with charges including smuggling immigrants from their hometown in south India and impeding police investigations by making false statements.

Reddy was arrested in January on charges of illegally bringing teenage girls from India to Berkeley for sex. Late last month, defense attorneys filed a motion arguing that some of the charges should be dropped because the indictment wasn't specific enough.

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But in the latest pretrial posturing, U.S. Attorney Robert S. Mueller III argued prosecutors are not required to specify all of their evidence or reveal the details of how they intend to prove their case.

The "indictment in this case is clearly sufficient to meet" legal requirements, Mueller wrote in papers filed late Tuesday.

The papers were in response to motions filed a week earlier by Reddy's attorney, Ted Cassman.

Cassman had argued that the conspiracy charge is too broad and the indictment "fails to identify the individuals who defendants allegedly brought to this country and then harbored unlawfully."

Since the defense can't "meaningfully respond" to the charges, they should be dismissed, Cassman said.

Reddy was arrested nearly two months after an Indian girl died of carbon monoxide poisoning in a downtown Berkeley apartment he owned.

Girls found unconscious

The girl, then identified as Sita Vemireddy, and her younger sister were found unconscious by a roommate.

Berkeley police were told at the time that the girls had immigrated to the United States in August with their parents, who lived in a studio apartment a few blocks away.

However, the investigation showed the girls were not related to their purported parents and that the adults were paid by Reddy to bring the girls from India.

Authorities allege Reddy had been having sex with the sisters and their roommate in India and that the relationships continued when the girls moved here last year.

Sita was pregnant at the time of her death, according to an autopsy report The Examiner obtained March 3.

Cassman said the evidence from the autopsy will show that the girl had sex with someone other than his client. He would not elaborate on how that would be proven.

Lakireddy's attorney George Cotsirilos refused comment about the girl's pregnancy Wednesday, but maintained he and Cassman will continue to argue that the charges against their clients be dismissed.

Defense attorneys have until Tuesday to file a response before the issues are resolved by U.S. District Judge Saundra Brown Armstrong on April 11.

'Truth will come out'

The prosecutors "are absolutely wrong and the truth will come out at the hearing," Cotsirilos said. "That's all I'm going to say about it."

In court papers filed last month,

Cassman also asked that Berkeley City Attorney Manuela Albuquerque be disciplined for accusing his clients of trying to cover up Sita's death last

November.

During Reddy's bail hearing, Albuquerque filed an amicus brief alleging that when the girls were found in their apartment, Reddy and his associates dragged their limp bodies out of the building and loaded one of them into his van without calling 911. She alleged authorities were notified when a passing motorist saw the commotion outside the apartment building and called authorities.

However, police later revealed that an unidentified man did call 911 from the girls' apartment.

Prosecutors have asked for voice and handwriting samples of both defendants and their attorneys have agreed.

"Ms. Albuquerque's false and misleading statements . . . were certainly reckless and in utter disregard for the truth," Cassman wrote in his brief.

In response, Mueller argued Albuquerque's comments were "made in good faith and based on the information known to counsel at the time."

Because bail hearings are held early in the case, it's not unusual for attorneys to rely on information before the details are fleshed out, he said. &lt;